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Wednesday, April 26, 2017
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Public worship places permission changed to Grampanchayat
ABSTRACT
PR & RD Department – The Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002 – Adaptation to the State of Telangana with amendments – Orders -issued.
- The Andhra Pradesh Reorganisation Act, 2014 (Central Act No.6 of 2014).
- G.O.Ms.No.9, PR & RD department, dated 12.9.2014.
- The Andhra Pradesh Gram Panchayat Land Development (Lay out and Building)Rules, 2002.
Whereas, by virtue of section 3 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act No. 6 of 2014), the State of Telangana comprising the territories specified therein has been formed on and from the appointed day i.e. of 2.6.2014; And whereas, by virtue of section 101 of the Andhra Pradesh Reorganisation Act,2014, the Andhra Pradesh Panchayat Raj Act, 1994 has been adapted to the state of Telangana in the G.O second read above.
And whereas, the Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002 issued in G.O.Ms.No.67, PR&RD (Pts.IV) Department dated.26.02.2002 are in force as on 1.6.2014;
And whereas, after careful examination, Government have decided to adapt the said Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002 which are in force as on 1.6.2014, with certain amendments, to the State of Telangana;
Now, therefore, in exercise of the powers conferred by section 101 of the Andhra Pradesh Reorganisation Act, 2014 (Central Act No. 6 of 2014), the Government of Telangana hereby order for adaptation of the Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002, issued in G.O.Ms.No.67, PR&RD (Pts.IV) Department dated.26.02.2002 as amended from time to time, which are in force as on 1.6.2014, to the State of Telangana with the following modifications.
In the Andhra Pradesh Gram Panchayat Land Development (Lay out and Building) Rules, 2002,-
- throughout the rules, for the words “Andhra Pradesh”, occurring other wisethan in a title or citation or description etc., the word “ Telangana” shall be substituted.
- in Rule 26 of the said Rules, for the Para substituted in G.O.Ms.No.376, PR&RD (Pts.Iv) Department, dated.29.11.2012, the following shall be substituted, namely:-
- Places of worship for religious purposes shall be given subject to the condition that at least 100 meters distance is maintained in the vicinity of any other such existing place of public worship;
- Land ownership shall have a clear title and be undisputed ;
- Statutory norms regarding the noise may be adhered to.”
The Commissioner, PR & RE, Hyderabad.
All the District Collectors in the State.
All the Chief Executive Officers.
All the District Panchayat Officers .
All Departments in the Secretariat.
Copy to:
The PS to Addl. Secretary to C.M
The P.S to Min (PR&IT)
Sc/sf.
SECTION OFFICER
TS- iPASS Rules amendment
ABSTRACT
Rules - Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Rules,2015 – Amendments – Issued.
INDUSTRIES & COMMERCE (IP & INF) DEPARMENT
- Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Act, 2014 (Act No. 3 of 2014)
- G.O. Ms No.35, Industries and Commerce (IP&INF) Dept., Dated:17-06-2015
- G.O. Ms No.36, Industries and Commerce (IP&INF) Dept., Dated:17-06-2015
Whereas, in exercise of powers conferred under sub-section (1) of Section 26 of the Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Act, 2014 (Act No.3 of 2014), Government has issued Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Rules , 2015 vide G.O.3rd read above for implementation of the provisions of the said Act.
And whereas, in order to facilitate the investors by providing investor friendly environment, Government further felt to amend the Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Rules, 2015 issued in G.O.Ms.No.36 Industries & Commerce (IP&INF) Department, date 17-6-2015 suitably to strengthen the powers of Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Committees at State Level and District Level as specified in the said rules.
Accordingly, the following Amendments shall be published in the Extra-ordinary issue of the Telangana Gazette, dated the 23rd December, 2015
In exercise of the powers conferred by sub-section (1) of Section 12 and sub-section (1) of Section 12 read with sub-section (1) of Section 26 of the Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Act, 2014 (Act No.3 of 2014), the Governor of Telangana hereby makes the following amendments to the Telangana State Industrial Project Approval and Self Certification System (TS-iPASS) Rules, 2015 issued in G.O.Ms.No.36, Industries & Commerce (IP&INF) Department, dated 17-6-2015 and published in Rules supplement to Part-I Extra Ordinary issue of Telangana Gazette No.1, dated 17-7-2015 as follows:
- The cell shall be located in the o/o General Manager, DIC and all the departments shall delegate one nodal officer on deputation or secondment to the District TS-iPASS Cell that will function as single point of contact for issue of clearances/approvals/ permissions.
- All the departments shall delegate powers to the concerned Nodal Officer delegated by them for issue of necessary clearances/approvals/permissions.
- The Nodal Agency shall have the powers to grant clearances / approvals after getting approval of District Committee, in cases where the concerned department has rejected or accorded approval with modification, on reference by the applicant.
In exercise of the powers conferred by Section 5(1) of said Act, the Government of Telangana hereby notifies TS-iPASS State Level Nodal Agency which is a CELL (State TS-iPASS cell) headed by the Commissioner of industries.
- The cell shall be located in the o/o Commissioner of Industries and all the departments shall delegate one nodal officer on deputation or secondment to the State TS-iPASS Cell that will function as single point of contact for issue of clearances/ approvals/ permissions.
- All the departments shall delegate powers to the concerned Nodal Officer delegated by them for issue of necessary clearances/approvals/permissions.
- The Nodal Agency shall have the power to grant clearances / approvals after getting approval of State Committee, in cases where the concerned department has rejected or accorded approval with modification, on reference by the applicant.
- Delay, if any, can be pointed out by the industry applicant or has to be initiated suo moto by the concerned Head of Department (HOD) whenever there is a delay within his /her department from the time limit as prescribed.
- Any aggrieved party shall submit a grievance through online/writing to the Nodal Agency or the concerned department. Any delay in granting licence / approval / clearance as per timelines can be Suo-moto taken up by the Nodal agency as a grievance.
- iii) On receipt of the grievance from the nodal agency / applicant, the same shall be forwarded to the concerned HoD and the HoD shall examine and communicate the action taken within 7 working days to the aggrieved party duly marking a copy to the Nodal Agency. In case of non-redressal of any grievance beyond 7 days, fine will be levied against Concerned Officer by HOD duly informing the nodal agency.
- It shall be the responsibility of the HOD to inform the Nodal Agency in writing about the details of the Officer who is accountable for causing delay in all such cases where delay has been occurred for reasons non-explainable. It shall be the Head of Department who shall submit reasons to the nodal agency in writing, if there is any explainable reason for delay within 7 days. On receipt of such explanation from HoD, if the nodal agency is not satisfied with the reason offered, it may impose penalty on the concerned official through the HoD.
- In all such cases, a penalty of Rs.1000/- (Rupees one thousand only) for each day till approval is accorded or reason for rejection/delay in according approval is furnished. However, the total amount of such penalty shall not exceed Rs.25,000/- (Rupees Twenty Five Thousand only) in any particular case and all cases, where penalty exceeds this said amount shall be reported to T-SWIFT. The penalty is subject to revision by Government from time to time.
- The penal amount so collected shall be credited into the Government Treasury in the head of account as shown at Annexure-IV.
- The self-certification as prescribed in Annexure-III (A) to this order in cases wherein the proposed activity involves felling only of exempted trees. In cases where both felling of exempted and non-exempted trees are involved, the provision of self-certification shall not apply.
| S.No. | Approval | Department | Time Limit |
|---|---|---|---|
| 17. | Authorisation under hazardous waste | Telangana State Pollution Control Board (TSPCB) | 21 Days |
| 18. | NOC for Explosive Licence | The District Collector | 7 Days |
| 19. | NOC for Change of Land use | The District Collector | 7 Days |
| 20. | NOC for Change of Land use | Irrigation Department | 7 Days |
| 21. | Permission for felling Non-exempted trees under AP WALTA Act. | Forest Department | 15 Days |
| S.No. | Renewal of | Department | Time Limit |
|---|---|---|---|
| 1. | Consent for Operation (CFO) | TSPCB | 7 Days |
| 2. | Factory Licence | Factories Department | 3 Days |
| 3. | Boilers Licence | Boilers Department | 7 Days |
The Commissioner, Printing Stationery & Stores Purchase (Printing wing), Chanchalguda, Hyderabad for publication in the extra ordinary issue of Telangana Gazette and to send 1000 copies of the notification to Government.
Copy to:
The Commissioner of Industries, Telangana, Hyderabad.
All Departments of Telangana Secretariat.
All Heads of Departments,.
All District Collectors.
All the General Managers of District Industries Centres
The Vice Chairman & Managing Director, Telangana State Industrial Infrastructure Corporation Ltd, Hyderabad.
Law (A) Department.
P.S. to Addl.Prl. Secretary to Hon’ble Chief Minister.
P.S. to Hon’ble Minister for Industries.
P.S. to Chief Secretary to Government.
PS to Spl. Chief Secretary to Government, Finance Department
P.S. to Secretary to Govt &CIP. Industries & Commerce Department
PS to Secretary to Govt. (FP&MSME), Industries & Commerce Department.
All Officers and Sections in Industries and Commerce Department.
SF/SC.
SECTION OFFICER
SELF CERTIFICATION
(Under TS-iPASS Act - Rule 11 of Act No. 3 of 2014)
(To be executed on a non-judicial stamp paper of Rs. 100/-)
I _______________________ S/o. _______________ Aged ___ years, Residing at _____________ __________________________________ who is the ___________________________ (Designation) of M/s._________________________ __________________________________________,hereby give the following undertaking :
- Our firm / Company is proposing to set up a project at _____________________________ ____________________________ DISTRICT, to manufacture / to provide services as mentioned below.
- We certify that the particulars furnished in the Common Application Form are true, correct and complete to the best of our knowledge and undertake to adhere to the declarations made there under.
- We hereby specifically confirm that we are fully aware of the Acts / Rules / Regulations of each department from which approvals/clearances are requested and undertake to strictly comply with all the provisions of Acts / Rules / Regulations as applicable to our industry.
- We also hereby categorically certify that in the event of our Firm / Company failing to comply with the requirements / conditions of the Acts / Rules / Regulations or any conditions that may be required to be fulfilled by any authority in connection with our present application, the same shall result in withdrawal / cancellation of the clearances and further will make us liable for legal action as specified under the respective Acts / Rules / Regulations and our Firm / Company shall be made directly liable for penal action as proposed under Section 21(1) of TS iPASS Act No. 3 of 2014 and any other Law in force also if the particulars furnished are found to be false / incorrect or incomplete and on our failure to adhere to the declarations made.
- We also certify that we take complete responsibility and liability against any losses to personal or public property caused due to wrong certification by our firm / company and further confirm that the same shall be liable to be borne by our firm / company unconditionally.
- We hereby certify that our proposed site / industry do not fall in any of the banned / restricted area / category as notified by both the Central & State Governments.
- We hereby certify that our proposed site complies with the citing guidelines of the TSPCB.
- That the unit is not located in the vicinity of Oil/Gas Pipeline.
- The site is not located within 500 mts distance from the boundary of Defence Area/ Military Airport.
- The site is not falling within 30 mts from the Railway boundary line.
- The site is not falling within 100 mts from Heritage Sites.
(ii)
(iii)
(See rule 11(1) of Act no. 3 of 2014)
Format for Self-Certification (Applicable only if felling of exempted trees is involved)
I, Sri....................... S/O ............................Aged....... R/O................... (Address) hereby state the details of trees in my premises that I intend to cut for the --------------------------purpose.
- 1. Category of Premises:
- Residential
- Institutional
- Commercial
- Agriculture
- Industrial
- Others-specify
- Area of the premises:
- Number of trees existing in the premises:
-
No. of trees and species proposed to be felled:
S.no Species Number of trees to be cut Age of tree 1. -
In case, the applicant cannot take up replantation activities, then details of payment made to the department towards cost of raising seedlings and their maintenance as per rules.Details of DD / Payment receipt / Online payment details:
- I hereby certify that the species and other details of trees as disclosed above are correct to the best of my knowledge and other information furnished above is true and correct.
I undertake that I shall take up replantation in lieu of the trees proposed to be felled as per rule.
| USER CHARGES | |||
|---|---|---|---|
| Sl. No. | Project Cost (Land+Building+Plant& M/c.) | Processing Fees (Rs.)* | |
| Establishment | Operation | ||
| 1 | Nil to Rs.25 Lakhs | 500 | 500 |
| 2 | Above Rs.25 Lakhs and upto Rs.1.00 Crore | 2500 | 2500 |
| 3 | Above Rs.1.00 Crore and upto Rs.5.00 Crore | 5000 | 5000 |
| 4 | Above Rs.5.00 Crore and upto Rs.10.00 Crore | 7500 | 7500 |
| 5 | Above Rs.10.00 Crore and upto Rs.25.00 Crore | 10000 | 10000 |
| 6 | Above Rs.25.00 Crore and upto Rs.50.00 Crore | 15000 | 15000 |
| 7 | Above Rs.50.00 Crore and upto Rs.100.00 Crore | 20000 | 20000 |
| 8 | Rs.100.00 Crore and above | 25000 | 25000 |
| NODAL OFFICE FOR SUBMISSION OF COMMON APPLICATION FORMS | |||
| 1 | For Projects whose investment on Plant & M/c is upto Rs.5.00 Crore | GM, DIC, Concerned District | |
| 2 | For Projects whose investment on Plant & M/c is above Rs.5.00 Crore | Commissioner of Industries,Chirag-ali-lane, Abids,Hyderabad | |
| * Processing Fee to be paid in the form of DD favouring "Commissioner of Industries, Hyderabad" or Challan: 0851-Village and Small Industries, MH-102- Small Scale Industries, SH(81)-Other Receipts, 800-User Charges DDO Code - 25001305001 | |||
High Court Judgement on House Tax
Andhra High Court
Abyudaya Educational Society ... vs Kanumalla Gram Panchayat Rep. By ... on 17 August, 2006 Equivalent citations: 2006 (6) ALD 1, 2006
(5) ALT 767
Author: B Nazki
Bench: B Nazki, C Ramulu, D A Rao
ORDER
Bilal Nazki, J.
1. These three writ petitions are being disposed of by this common order as they raise common questions of law and fact. We have heard learned Counsel appearing for the petitioners and also learned Special Government Pleader appearing for the respondents.
2. These matters have come to the Full Bench on a reference made by a Division Bench. The Division Bench, while hearing the matters on 26-12-2005, by noting a Division Bench judgment of this Court reported in Vasishta English Medium School v. Basinikonda Gram Panchayat and Anr. , expressed the view that the matters are required to be heard by a Full Bench. Therefore, the matters have been placed before this Full Bench.
3. It is a short controversy as to whether Rules framed under Andhra Pradesh Gram Panchayats Act, 1964 (hereinafter referred to as 'the Gram Panchayats Act of 1964') were still in force and could be applied even after enactment of the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter referred to as 'the Panchayat Raj Act of 1994') and Rules framed thereunder. The petitioner-institutions are educational institutions and admittedly they were exempt from paying property tax in terms of the Rules framed under the Gram Panchayats Act of 1964. The Rules framed under the Gram Panchayats Act of 1964 contained a rule being Rule 5, under which a class of houses was exempt from the house tax. The contention of the petitioners is that even after the repeal of the Gram Panchayats Act of 1964, the Rules framed under that Act are still operative and in this connection, they relied on a judgment of this Court in Vasishta English Medium School, to which a reference has been made hereinabove (1st supra). But in that judgment, the learned Judges of the Division Bench did not consider the question whether after repeal of an Act, the Rules framed under the repealed Act would still continue to remain operative. It only noted. "It is not in dispute that the above said rules framed under the repealed Act continue to apply. Therefore, the learned Judges of the Division Bench applied Rule 5 framed under the repealed Act and granted relief to the petitioners in that case.
4. Section 69 of the Gram Panchayats Act of 1964 mentions the taxes which could be levied by Gram Panchayats. Section 70 lays down the basis on which house tax could be levied by the Gram Panchayats and Sub-section (4) of Section 70 gave power to the Government to make Rules providing for exemption of specified classes of houses from the tax. It also gave certain powers to the Government. Therefore, under Section 70(4)(i), the Government issued Rules and Rule 5 gave exemptions to certain institutions including the educational institutions. The position, however, changed after the Panchayat Raj Act of 1994 came into operation. This Act came into force on 26th of April 1994. Section 60 of this Act gave powers to the Gram Panchayats to levy house tax and other taxes. Section 61 prescribed the mode and the basis on which the taxes could be collected and Section 61(4) gave powers to the Government, providing with the power, inter alia, of the exemption of special classes of houses from the tax. Virtually, the provisions n the old Act and new Act as far as powers of the Government relating to grant of exemptions are concerned, remained same. But Rules framed under the new Act did not give any exemption to any special classes of houses from the taxes. This is settled law that once an Act is repealed, the Rules framed thereunder or regulations made thereunder, or any other notifications issued thereunder, also stand repealed. However, the case of the petitioners as projected by learned Counsel is that immediately after the new Act came into being, G.O. Ms. No. 378 was issued by the Government on 28-6-1994. It is stated that this G.O. was issued by the Government in exercise of powers conferred by Sub-section (1) of Section 268 of the new Act read with Section 18 of the Andhra Pradesh General Clauses Act, 1891 (hereinafter referred to as 'the General Clauses Act). This G.O. merely states that the Rules framed under the earlier Act i.e., the Gram Panchayats Act of 1964 would remain in force till new rules were framed. Admittedly, the new rules were framed by G.O. Ms. No. 30, dated 20-1 -1995. There is no dispute that from 26th of April 1994 till 20th of January 1995, the rules framed under the Gram Panchayats Act of 1964 continued to apply even after the Act had been repealed by virtue of this G.O. But after the new rules came into being, the old rules could not be applied. The learned Counsel for petitioners referred to Sections 8 and 18 of the General Clauses Act, which are para materia to Sections 6 and 24 of the Central Act. In our view, Section 8 has no application to the present controversy. But the learned Counsel appearing for the petitioners specially emphasized that Section 8(c) and (d) of the General Clauses Act would apply. Section 8(c) and (d) lay down
-
8. Effect of repealing an Act: Where any Act, to which this Chapter applies, repeals any other enactment, then the repeal shall not-
- (a)...
- (b)...
- (c) affect the previous operation of any enactment so repealed or anything duly done or suffered under any enactment so repealed; or
- (d) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed.
A perusal of both these provisions i.e., (c) and (d) of Section 8 of the General Clauses Act would make it clear that these provisions would apply to the acts done prior to repeal of the Act. In the present case, there is no controversy with regard to any acts done or any charges made prior to repeal of the Act. Therefore, in our view, Section 8 of the General Clauses Act has no application to the present controversy.
5. Similarly, on Section 18 of the General Clauses Act, law is settled that once the Act is repealed, the regulations made or rules or bye-laws framed also stand repealed unless the repealing Act itself says otherwise. In this connection, reference can be made to a judgment of Supreme Court in Harish Chandra v. The State of Madhya Pradesh . In para 18 of this judgment, the Court held
We consider that this submission is entirely with out force. Mr. Agarwala fairly conceded that the language of Section 24 would not cover a repeal of the Madhya Bharat Scrap Order by the introduction into the Madhya
Abyudaya Educational Society ... vs Kanumalla Gram Panchayat Rep. By ... on 17 August, 2006
Bharat territory of the Indian Scrap Order, 1943 but he suggested that even though the section was in terms inapplicable, he could invoke the principle underlying it. But this argument, however, proceeds on assuming that Section 24 was declaratory of the common rule of interpretation and that even in the absence of Section 24 the same principle of law would apply. The position apart from a statutory provision such as is found in Section 24 of the General Clauses Act, is thus summarized in Craies on Statute Law 6th Edn. 334:
If the statute under which bye-laws are made is repealed, those bye-laws are impliedly repealed and cease to have any validity unless the repealing statute contains some provision preserving the validity of the bye-law notwithstanding the repeal. This follows from the rule... when an Act of Parliament is repealed it must be considered (except to transactions passed and closed) as if it had never existed". This submission has, therefore, no merit and must be rejected.
6. On the other hand, the learned Counsel for petitioners have relied on the judgments in State of Punjab v. Mohar Singh AIR 1955 SC84. and Duroflex Coir Industries Ltd. v. Assistant Commissioner (Assessment) of Sales Tax 1993 Supp. (1) SCC 568. If analyzed, both these judgments lay down the same law that once an Act is repealed, everything relating to that Act gets extinguished as if that Act never existed on the Statute Book, unless the repealing Act provides otherwise. However, the acts done under the Act are saved under the provisions of the General Clauses Act, and in any case, even if there was no General Clauses Act, such acts would be saved.
7. For these reasons, we do not find that the petitioners are entitled to any exemption under the Pancahyat Raj Act of 1994, because, admittedly the assessments pertain to Post-1995 period. The writ petitions are accordingly dismissed and it is clarified that the judgment by the Division Bench in Vasishta English Medium School (1 supra) is a judgment in per incuriam.
Tuesday, April 4, 2017
Devolution of Functionaries to Local Government
ABSTRACT
Strengthening of Gram Panchayat – Implementation of Village Development Plan and Agenda - Role of Sarpanch of Gram Panchayat in the context of Integrated Development of Village – Orders - Issued.
PANCHAYAT RAJ &RURAL DEVELOPMENT (MANDAL.I) DEPARTMENT
Gram Swaraj was the dream of Mahatma Gandhi and formed the bedrock of political ideology during the freedom struggle. In order to translate this dream into reality and to usher in democratic decentralisation, the Constitution of India was amended through 73rd Amendment Act, thereby according constitutional status to the Panchayat Raj Institutions. The central objective of this path-breaking initiative is to accelerate physical and socioeconomic development of rural areas within a participatory governance framework. It is envisaged that the Panchayat Raj Institutions act as a vibrant third tier of government in rural areas, preparing and implementing plans for economic development and social justice.
- Micro planning and prioritization of needs in the Village
- Convergence of funds and functionaries of all Government schemes at the village level to achieve human development goals.
Twenty-five Points Village Development Agenda for Sarpanch of Gram Panchayat
| S.No | Functions | Village level functionary responsible | Mandal level functionary responsible | Provision as per APPR Act 1994 | |
|---|---|---|---|---|---|
| I. Effective Gram Panchyat Administration | |||||
| 1. | Regular conduct of Gram Sabha and Gram Panchayat meetings | Pt. Sect | E.O.PR&RD | Sec 6 and Sec 37 | |
| 2. | 100% obilization on of G.P. accounts and other office records | Pt. Sect | E.O.PR&RD | Sec 266 | |
| 3. | 100% levy and collection of taxes, charges, fees and other non-tax resources obilizati to Gram Panchayat/Adoption of innovative measures for additional resource obilization within GP | Pt. Sect | E.O.PR&RD | Sec 60 | |
| 4. | 100% registration of births & deaths | Pt.Secy | E.O.PR&RD | Sec 45 | |
| 5. | Preparation and implementation of Village Development Plan including Village Spatial Plan | Pt.Secy | E.O.PR&RD | Sec 45 | |
| II. Provision of Civic Amenities | |||||
| 6. | 100% access to safe and clean drinking water to all households | Pt. Sect | A.E.E (RWS) E.O.PR&RD | Sec.45 | |
| 7. | 100% coverage underg functional Individual Sanitary Latrines (ISL) &Open Defecation-free Village | Pt. Sect | A.E.E (RWS) E.O.PR&RD | Sec.45 | |
| 8. | 100% cleaning of all drains & streets and other public places and establishing a sanitary system of waste disposal | Pt. Sect | A.E.E (RWS) E.O.PR&RD | Sec.45 | |
| 9. | Provision of 100% energy-efficient Street Lighting in GP and ensuring its daily functioning | Pt. Sect | A.E.E (PR) E.O.PR&RD | Sec.45 | |
| 10. | Effective maintenance of internal roads, buildings, play grounds (Village Playfield), parks, markets, etc | Pt. Sect | A.E.E (PR) E.O.PR&RD | Sec.45 | |
| S.No | Functions | Village level functionary responsible | Mandal level functionary responsible | Provision as per APPR Act 1994 | |
|---|---|---|---|---|---|
| III. Health & Nutrition | |||||
| 11. | 100% registration of pregnant women and their enrolment in AWCs | ANM AWW | PHC doctor ICDS supervisor | Sec.46 | |
| 12 | 100% institutional delivery | ANM | PHC doctor ICDS supervisor | Sec.46 | |
| 13. | 100% immunization of children 0-5 years | ANM | PHC doctor ICDS supervisor | Sec.46 | |
| 14. | 100% enrolment of lactating mothers and children in the age group 6 months – 5 years in AWC and coverage under supplementary nutrition/ quality foods programme | ANM AWW | PHC doctor ICDS supervisor | Sec.46 | |
| 15 | 100% coverage of eligible couples with Family Planning measures | ANM ASHA | PHC doctor ICDS supervisor | Sec.46 | |
| IV. Education | |||||
| 16. | 100% enrolment of children in the age group 6-14 years, coverage under Mid-day Meals scheme, identification of all eligible students for admission into hostels and facilitating them to get admission. | School HM | MEO/Hostel Wardens | Sec.46 | |
| 17. | 100% retention of children in the age group 6-14 years in schools | School HM | MEO/ Hostel Wardens | Sec.46 | |
| 18. | 100% enrolment of 15 years & above age group illiterates in Adult Education Centres and neo-literates in Continuing Education Centres | Prerak | Mandal Literacy Coordinator | Sec 46 | |
| V. Welfare & Developmental Activities | |||||
| 19. | 100% timely distribution of all sanctioned pensions (Old Age Pension, Widow Pension, Pensions for Physically Challenged &other pensions) and identification of eligible persons in Gram Sabha | Pt. Sect V.O. & IKP field staff | MPDO/ APM(SERP) | Sec.46 | |
| 20. | 100% Registration of all eligible newly born girls in “Bangaru Talli” | VRO/IKP Staff | Tahsildar/ APM (SERP) | Sec.46 | |
| 21. | 100% coverage of all needy families in MNREGS and identification of eligible youth for skill development activities under various schemes | Pt. Sect/ Field Assistant/ V.O.(SHGs) | MPDO/ APM (SERP) | Sec.46 | |
| 22. | Ensuring regular delivery of quality food grains to all the ration card holders as per their entitlement | VRO | Tahsildar | Sec.46 | |
| S.No | Functions | Village level functionary responsible | Mandal level functionary responsible | Provision as per APPR Act 1994 |
|---|---|---|---|---|
| 23. | Adoption of improved methods of cultivation through Demo plots with a view to improving productivity in Agriculture/ Horticulture Crops | Agrl. Extension Officer/ Adarsha Rythus | Mandal Agriculture Officer | Sec.46 |
| 24. | Provision of veterinary health care to all livestock in the GP | Village Livestock Officer/Vete rinary Assistant/ Paravet/ Gopal Mitra | Veterinary Assistant Surgeon | Sec.46 |
| 25. | Protection of the Panchayat &Government lands and Plantation of trees in Village Common lands for community purpose | VRO/Pt.Secy/ VSS | Tahsildar/ Forest Officer | Sec.46 |
The Commissioner of Printing, Stationery and Stores Purchase with a request to publish in the Gazette and supply 1,000 copies.
All Special Chief Secretaries/Principal Secretaries/ Secretaries/ Administrative Departments in the Secretariat.
The Commissioner, Panchayat Raj & Rural Employment Department.
The Director of Town and Country Planning, Municipal Administration & Urban Development Department
All Heads of Departments in the State.
The Director General, Centre for Good Governance The Commissioner, AMR- APARD All District Collectors in the State.
All Chief Executive Officers of Zilla Parishad in the State
All District Panchayat Officers in the State.
SECTION OFFICER
Guidelines for issuing Cheques by the Gram Panchayats
ABSTRACT
GP Administration – Drawl of Funds from GP Fund - Guidelines for issuing Cheques by the Gram Panchayats – Orders –Issued.
- G.O.Ms.No.30 PR&RD Dept Dated 20.1.1995
- G.O.Ms.No.431, PR&RD(Pts.III) Department, Dt.30.10.2013.
Under rule 41 of the G.O. first read above, the drawing of moneys under rule 40 by the Sarpanch shall be subject to the control of and the conditions laid down by the District Panchayat Officer concerned. But, it is noticed that often times the general financial rules are not being followed while making payments from the Gram Panchayat Fund. The Cheque drawing authority is expected to ensure strict compliance of financial rules issued by the Government from time to time before making any payment from the Gram Panchayat Funds.
- All payments out of the Gram Panchayat fund in respect of bills presented to the Gram Panchayat shall be made only as per the administrative sanction accorded by the Sarpanch backed by Gram Panchayat resolutions invariably and as per the provisions of Andhra Pradesh Panchayat Raj Act 1994 and rules made thereunder.
- Before passing the respective bills by the Sarpanch, the Panchayat Secretary concerned should scrutinise bills strictly in accordance with the financial rules and place before the Sarpanch for passing the bills. Wherever possible printed forms shall be used in preparing the bills;
- After the bill is passed and entered in the respective accounting registers including cash book, thereafter only the Panchayat Secretary should place cheque for the signature of the Sarpanch;
- Where any item of expenditure requires the sanction of any authority higher than the executive authority drawing the bill, such sanction shall be obtained and the terms thereof shall be quoted on the bill;
- No item of expenditure shall be sanctioned by the Gram Panchayat and payment made unless the following conditions are fulfilled:
- Passage of resolution by the Grama Panchayat.
- Existence of administrative sanction, Technical sanction, measurement of work(M books), check measurement, etc., if it is related to the execution of works in Gram Panchayat,
- In case of purchases, the same shall be made in accordance with the procurement procedure prescribed in Andhra Pradesh Financial Code and related rules issued thereunder,
- In case of remuneration to the contract workers/part-time workers in the Grama Panchayat, they should have been appointed in accordance with the rules in force and payment is made as per the budget norms of Gram Panchayat,
- Whether sufficient provision is available in Budget of the Gram Panchayat for incurring such expenditure during the financial year,
- Payments shall be made only by cheque drawn in favour of the parties. Self Cheque should not be drawn unless otherwise permitted to do so for any particular purpose.
- All the Accounting and Work registers including cheque book and pass books should be kept in the Gram Panchayat Office and under personal custody of Panchayat Secretary. However, the records can be accessed by the Grama Sarpanch as per requirements. These records/books should not be kept in private houses under any circumstances.
- The drawer of a bill for salary and allowances shall be personally responsible for the amount so drawn until it has been disbursed to the proper person or persons concerned and their acquaintances have been obtained.
- The expenditure should not be prima-facie more than the occasion demands. The Sarpanch should exercise the same diligence and care in respect of all expenditure from public money under his/her control as a person of ordinary prudence would exercise in respect of expenditure of his own money.
- Payments should not be made directly from the money collected by way of receipts. The receipts should be deposited in the Treasury immediately.
- There should be no undue rush of expenditure.
The Commissioner, Panchayat Raj and Rural Employment, Hyderabad.
All District Collectors in the State.
All District Panchayat Officers in the State.
Copy to
The Director of Treasuries and Accounts, Hyderabad.
The Director of Local Fund Audit, Hyderabad.
The Accountant General, Andhra Pradesh, Hyderabad (Local Bodies Division).
SECTION OFFICER
Cheque Drawing Powers in Gram Panchayats
ABSTRACT
PR&RD Deptt. –Cheque Drawing Powers in Gram Panchayats –Orders – Issued.
2. G.O.Ms.No.70, PR,RD&R[Pts.III] Deptt., dt.09-02-1996,
3. G.O.Ms.No.137, PR,RD&R [Pts.III] Deptt., dt. 22-03-1996.
4. Govt.Memo.No.10119/E&R/A1/2011-1, dt.19.05.2011.
5. From the CPR&RE Lr.No.4055/CPR/C2/2011, dt.07-08-2013.
In the reference 5th read above, the Commissioner of Panchayat Raj and Rural Employment, Andhra Pradesh, Hyderabad reported that the Grama Panchayat elections are conducted and the Sarpanches have taken charge of the Grama Panchayat administration but the General Funds and other grants are being operated by the Panchayat Secretary and Special Officer. The Commissioner of Panchayat Raj and Rural Employment, Andhra Pradesh, Hyderabad has requested to issue further instructions with regard to operation of funds in the Grama Panchayats.
The Commissioner of Panchayat Raj and Rural Employment, Andhra Pradesh, Hyderabad.
Copy to
All the District Collectors in the State.
All the District Panchayat Officers in the State.
Engineer in Chief [PR], Hyd.
PS to the Principal Secretary[PR].
PS to the Principal Secretary[RD].
SECTION OFFICER
Daily allowance and Travelling Allowance to Sarpaches
GOVERNMENT OFANDHRA PRADESH
ABSTRACT
Rules - Rules underSection 268 (1) of Andhra Pradesh Panchayat Raj Act (Act No.13/94)- relating to theTraveling Allowances, Daily allowance of the Sarpanch, Upa-Sarpanch and Members of GramPanchayats under section 268 (1) - Orders - Issued.
PANCHAYAT RAJ& RURAL DEVELOPMENT (RULES) DEPARTMENT
G.O.Ms.No.141 Date:18-4-2000.
ORDER:
Theappended notification will be published in the Extra-ordinary issue of the Andhra PradeshGazette dated the 25th April, 2000.
TheCommissioner of Printing, Stationary and Stores purchase Department, Andhra Pradesh,Hyderabad is requested to send 2,500 copies of Gazette Notification to Panchayat Raj andRural Development (Rules) Department.
(BY ORDER AND IN THE NAMEOF THE GOVERNOR OF ANDHRA PRADESH)
N.K.NARASIMHARAO,
Secretary to Government (PR).
To
The Commissioner of Printing, Stationary, and Stores purchase Department, Andhra Pradesh,Hyderabad.
Copy to:-
The Commissioner of Panchayat Raj and Rural Employment, Andhra Pradesh, Hyderabad.
All District Collectors in the State.
All District Panchayat Officers in the State.
The Director of Transactions, Andhra Pradesh, Hyderabad. (with a request to Translate the notification into Telugu and Urdu versions And send themanuscript along with stencils for further Action).
The Law Department.
The Finance Department.
All Sections in the Department.
// forwarded by order //
SECTIONOFFICER.
N O T I F I C AT I O N
In exercise of the powersconferred by section 268 of the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994)the Governor of Andhra Pradesh hereby make the following rules relating to the TravellingAllowance, Daily Allowances of the Sarpanch, Upa-Sarpanch and Members of Gram Panchayat
R U L E S
Short title 1. Theserules may be called the Andhra Pradesh Panchayat Raj Sarpanch, Upa-Sarpanch and Members ofGram Panchayat (Travelling Allowance and Dearness Allowance) Rules, 2000.
Travelling Allowance& Dearness Allowance to Sarpanch Up-Sarpanch and Members of Gram Panchayat:
- The Sarpanch, Upa-Sarpanch and Members shall be allowed Travelling Allowance and Dearness Allowance as follows:-
- If the tours undertaken within the Mandals, no Travelling Allowance and Dearness Allowance shall be paid.
- The Sarpanch shall be eligible to draw sitting fee for attending Mandal Parishad meetings at the rates admissible under relevant rules from Mandal Parishad funds.
- If he does not utilize the Government vehicle for journeys outside Mandal jurisdiction, the Travelling Allowance shall be as follows:-
- By Train: Second Class Sleeper fare.
- By Bus : Bus fares
- By Scooter: Rs.0.55 per K.M. subject to a maximum of Rs.55/-
(Rupees Fifty five only) per day.
- By car: Rs.2/- per K.M. subject to maximum of Rs.100/- per day.
- Where the places are connected by Train, the journey should necessarily be performed by Train. If the Sarpanch or Upa-Sarpanch or Member performs journey by Motor Cycle or Car between such meeting propulation charges for himself, shall be limited to the Train fare entitled, whichever is less.
- Daily Allowance: Rs.30/- (Rupees Thirty only) for each day of journey.
NOTE:- ‘DAY’means 24 hours of absence from Headquarters commencing from the minute the individualleaves the Headquarters. One Daily Allowance shall be allowed for absence of 12 hours andmore and 1/2 Daily Allowance for absence of six hours and more and no Daily Allowance forabsence of less than six hours.
Approval of journeys andsubmission of Bills:
3.(1)(a) For journeysoutside the Mandal jurisdiction but within the District, the prior approval of ExtensionOfficer (Panchayats) is necessary.
(b) For journeys outsidethe District, the prior approval of Collector (Panchayats) is necessary.
(c) For journeys outsidethe state, prior approval of Commissioner, Panchayat Raj is necessary.
(2) The Claims underthese rules shall be preferred within three months from the last day of the journey.
(3) The T.A. Bills shallbe admitted for payment only after they are scrutinized and countersigned by the ExtensionOfficer (Panchayats).
Regulation of any matter:
4. The Commissioner,Panchayat Raj and Rural Employment shall be the final authority in regard to theregulation of any matter arising out of the application of these rules.
N.K.NARASIMHARAO
SECRETARY TO GOVERNMENT(PR)
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